BHOOMI TRACTORS SALES & SERVICES Vs. NILESHCHANDRA C. PATEL

JUDGEMENT

(1.) THE present Civil Misc. Application has been filed by the original opponent No. 1 seeking condonation of delay caused in filing the appeal against order dated 30.9.2009 passed by the Consumer Disputes Redressal Forum, Valsad in Complaint No. 95 of 2009.

(2.) HEARD Mr. Milan Dudhiya, learned Advocate for the applicant. According to the applicant, the delay is of 735 days. The cause of delay as stated is that no notice of the complaint was served upon the applicant by the Forum and free copy of the order was also not forwarded to the applicant. The present applicant obtained certified copy from the District Forum on 10.1.2012. Hence, the actual delay caused from the receipt of the certified copy of the order is 4 days but the delay from the date of the order is of 735 days. Hence, in the interest of justice, the said delay be condoned.

(3.) AS far as legal position with respect to the condonation or delay is concerned, the Apex Court in the case of State Bank of India v. B.S. Agriculture, reported in II (2009) CPJ 29 (SC)=II (2009) SLT 793, has held that under Section 24A of the Consumer Protection Act, 1986, a Consumer Forum is under duty to dismiss the complaint filed beyond the period of limitation, if sufficient cause of delay is not shown.